That would surely be difficult to prove in a court of law. A European owned VP reg, N reg or M reg BizJet's owner could easily start a non European affiliate shelf company and operate the aircraft (paperwork wise) from that non-EU base?
How would you see that? Base the shelf company in Panama and base the aircraft there just to get around some FTL's? Try to explain that one to the owner...
The wording you quoted is clearly written to ensure a shelf company is worthless for that purpose....